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(영문) 서울중앙지방법원 2020.04.07 2019고단6432
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Man-Ma6432] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant received request from B to seek MDMA (one name "EXM"; hereinafter "EXM") which is a psychotropic drug, and sold B the X-si price to B at the street near the D club located in Gangnam-gu Seoul Metropolitan Government around October 3, 2018. On October 3, 2018, the Defendant 3 of the X-si price was 500,000 won for the X-si price.

In addition, from the above date to January 24, 2019, the Defendant sold 62 hours to B in total at KRW 10,850,000 as shown in the separate crime list.

[2019 Man-Ma6547] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant decided to purchase from E psychotropic drugs MDMA (one name "EXM"; hereinafter "EXM") and purchased from E in a store for operation of E located in the Seoul, Jung-gu Seoul, Seoul, for the purpose of November 28, 2018, 30,000 won for the X-gu 4.660,000 won for the X-gu 20,000 won from E.

Summary of Evidence

[2019 Highest 6432]

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Details of the financial transactions and currencies of national banks B;

1. Investigation report (related to calculation of additional collection charges) (2019 order6547);

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes concerning investigation situations related to the calculation of additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of sale and purchase of psychotropic drugs) of the Act on the Control of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. As to narcotics with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the provisional payment order.

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